Gov't can't assume liability for COVID-19 jabs bought by private sector, Duterte says

MANILA, Philippines — President Rodrigo Duterte said the government must not be held responsible for adverse events that may arise from COVID-19 vaccines procured by the private sector even after he signed a law that gives indemnity to vaccine manufacturers.

“One that is the government cannot guarantee much less give you an immune status that you are freed of any and all liability… I think we cannot even do that even if we wanted to, the assumption of liability for the stocks that are bought from the private sector,” Duterte said in a televised meeting Monday evening.

“Ang gusto ng manufacturers ang private sector magbili, ang gobyerno ang mag-assume ng liability. Hindi ho pwede ang ganoon,” he added.

(The manufacturers wants the private sector to buy but the government will assume liability. That cannot be.)

But last month, the chief executive signed Republic Act 115251 or the COVID-19 Vaccination Program Act of 2021, which gives indemnity to vaccine makers if their COVID-19 shots cause adverse side effects.

Under the law, “public officials and employees, contractors, manufacturers, volunteers and representatives of duly authorized private entities shall be immune from suit and liability under Philippine laws with respect to all claims arising out of, related to, or resulting from the administration or use of a COVID-19 vaccine under the COVID-19 vaccination program except arising from wilful misconduct and gross negligence.”

Vaccine czar Carlito Galvez explained that vaccine makers will only agree to sell vaccines if there is indemnification clause in the supply agreement. The government allows vaccines to be procured through a tripartite deal among the national government, private sector and the manufacturer.

“They’re requiring indemnification just in case there are adverse effects. That responsibility cannot be delegated to the private sector or the local government units,” he said in Filipino.

But Duterte rejected that the government should pay for potential serious side effects that may arise from vaccination.

“I don’t think that it will be legal. Tell them, it’s illegal for us to do that. Only Congress can do that,” he said.

RA 115251 also sets up a P500-millon indemnity fund to compensate those who will suffer from potential serious adverse effects stemming from the jabs.

It is unclear how the president’s pronouncement will affect tripartite deals. — Gaea Katreena Cabico